When driving in Virginia after having a few drinks, you need to make sure that your blood alcohol content (BAC) remains below 0.08. You’ll only be arrested and charged with a DUI if the BAC turns out to be 0.08 or above. However, things get complex when minors are involved.
Zero-Tolerance Law
It is illegal for minors under the legal drinking age to purchase and/or consume alcohol in the first place. This forms the basis of Virginia’s zero-tolerance DUI law for underage drivers. This means that anyone under the age of 21 simply cannot have alcohol in their vehicles, let alone driving while under the influence of alcohol.
Drivers pulled over under suspicion of drunk driving may get away with it if their BAC stays below 0.08, but underage drivers would be charged with a DUI even if their BAC is 0.02 or higher. The zero-tolerance law makes it so that minors who drink and drive – even if their BAC is under the legal limit – will face penalties for drinking and driving.
Penalties for Minors
Underage drinking is itself an offense, staying on the criminal record as a class 1 misdemeanor. Moreover, statistical evidence suggests that motorists aged 16-19 years account for a high number of road accidents. According to The Department of Motor Vehicles, underage drivers are 3 times more susceptible to fatal road accidents than any other age group. Hence, the underage DUI law – the DUI law for drivers under 21 – is much stricter so that minors would think twice before drinking and driving.
Underage drivers charged with a DUI would have to face severe consequences, which may include any of the following: a minimum fine of $500, suspension of driving license for up to 1 year, 50 community service hours, trial, and 60 demerit points on their driving record. In addition, the alleged may have to attend alcohol safety education programs.
Furthermore, the minors could face additional charges on top of the original DUI charge. These could include penalties for underage possession or consumption of alcohol, and reckless driving. Moreover, they would face another charge if they refused to take a breathalyzer test.
Conclusion
Since an underage DUI can impact your education, financial aid, and other career opportunities, do not take this charge lightly. Underage DUI cases are common among final year high school students, possibly undermining their chances of admissions into top colleges.
If you or your loved one gets charged for an underage DUI, it’s important to get in touch with an experienced attorney as soon as possible who can explain your legal options to you. To get your driving license back, you have less than 5 days to hire a lawyer. If you take too long to hire a lawyer, it can significantly handicap your defense.